ARIZONA – Arizona bill would let older HOAs ignore laws, hold secret meetings

Arizona bill would let older HOAs ignore laws, hold secret meetings

Jessica Boehm, Arizona Republic

Published 6:00 a.m. MT Feb. 6, 2019 | 
A bill before the Arizona Legislature could exempt homeowners associations established prior to 1974 from complying with state laws that require them to make meetings and records open to homeowners.The bill’s sponsor, Rep. Kevin Payne, R-Peoria, said the change is necessary to ensure Sun City stays a 55+ community. But opponents say that’s not true, and warn that the unintended consequences of the bill could be drastic. 

Sun City lawsuit spurred legislation    

Beginning in 2015, a group of Sun City residents sued Recreation Centers of Sun City, the nonprofit that owns and maintains the golf courses and other recreational facilities in the unincorporated northwest Phoenix retirement community. 
An entrance to Sun City (Photo: Jen Fifield/The Republic)Much like a typical HOA, RCSC charges residents annual dues that cover the cost of common area maintenance— and if a homeowner does not comply, the nonprofit can foreclose on the individual. But RCSC does not consider itself an HOA, because it is only responsible for the recreation elements of the community. Therefore, it does not follow the requirements set forth in the Arizona Planned Communities Act.The act requires HOAs to hold open meetings and provide all financial documents for homeowner review. It also lays out a process to recall board members and to foreclose on delinquent homeowners


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